Environmental Impact Assessment

August 28th, 2019 by James Goudie KC in Planning and Environmental

Should two developments have been assessed as a single “ project” for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011? That was the issue in R (WINGFIELD) v CANTERBURY CITY COUNCIL (2019) EWHC 1975 (Admin). Lang J held that this is a matter of judgment for the competent authority, subject to challenge only on public grounds.

She listed the relevant factors. They include common ownership, simultaneous determination and functional interdependence on the one hand; and ability to stand alone on the other hand.

 

ECHR Article A1P1

August 27th, 2019 by James Goudie KC in Human Rights and Public Sector Equality Duty

When do contractual rights and expectations amount to A1P1 possessions? When does goodwill qualify for A1P1 Protection? These were the linked substantive issues in SOLARIA ENERGY UK v DBEIS (2019) EWHC 2188 (TCC).

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Closure of Children Centres

August 22nd, 2019 by James Goudie KC in Decision making and Contracts

On 19 August 2019 Hickinbottom LJ refused the Claimant permission to appeal from the decision of Andrews J in R ( LF ) v BUCKINGHAMSHIRE COUNTY COUNCIL (2019) EWHC 1817 ( Admin), Local Government Bulletin 12 July 2019. Section 5D of the Childcare Act 2006 does not diminish the entitlement of a local authority to consult only on options it proposes.

 

Those in the Locality

August 22nd, 2019 by James Goudie KC in Local Authority Powers

DULGHERIU v EALING LBC (2019) EWCA Civ 1490 concerned the validity of a Public Spaces Protection Order ( “ PSPO “ ) made by the Council under Section 59 of the Anti-Social Behaviour Crime and Policing Act 2014 prohibiting anti-abortion protests in the immediate vicinity of a family planning centre. The PSPO was upheld.

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Remedies for Breach

August 2nd, 2019 by James Goudie KC in Decision making and Contracts

In AEW Europe Ltd v Basingstoke & Deane BC (2019) EWHC 2050 (TCC) it was held that a declaration of ineffectiveness was not available in the circumstances.  In Stagecoach v SoS for Transport (EWHC) 2047 (TCC) the Court considered limitation for private and public law claims and abuse of process.

 

Remedies for Breach

August 2nd, 2019 by James Goudie KC in Decision making and Contracts

In AEW Europe Ltd v Basingstoke & Deane BC (2019) EWHC 2050 (TCC) it was held that a declaration of ineffectiveness was not available in the circumstances.  In Stagecoach v SoS for Transport (EWHC) 2047 (TCC) the Court considered limitation for private and public law claims and abuse of process.

 

PSED

August 1st, 2019 by James Goudie KC in Human Rights and Public Sector Equality Duty

There is a failure to have due regard to the PSED before making a decision.  Must that decision be quashed?  No, says the Court of Appeal in Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334, in the context of a decision by a social housing association, exercising public functions, to bring possession proceedings against a physically disabled tenant, where it was highly likely that the decision would not have been substantially different if the breach had not occurred.

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Transfers of Governance

August 1st, 2019 by James Goudie KC in Local Authority Powers

The Home Secretary decided to approve proposals to transfer the governance of Fire and Rescue Services (“FRSs”) to the Police and Crime Commissioner (“PCC”) for the area. A challenge failed before Garnham J in R (Shropshire & Wrekin Fire Authority, Hereford and Worcester Fire Authority, and Cambridgeshire and Peterborough Authority) v SSHD (2019) EWHC 1967 (Admin).  The question of substance was whether the proposals were “in the interests of economy, efficiency and effectiveness” (“the 3Es”) within Section 4A(5) of the Fire and Rescue Services Act 2004 (“the 2004 Act”) as inserted by the Policing and Crime Act 2017.

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Transfers of Governance

August 1st, 2019 by James Goudie KC in Local Authority Powers

The Home Secretary decided to approve proposals to transfer the governance of Fire and Rescue Services (“FRSs”) to the Police and Crime Commissioner (“PCC”) for the area. A challenge failed before Garnham J in R (Shropshire & Wrekin Fire Authority, Hereford and Worcester Fire Authority, and Cambridgeshire and Peterborough Authority) v SSHD (2019) EWHC 1967 (Admin).  The question of substance was whether the proposals were “in the interests of economy, efficiency and effectiveness” (“the 3Es”) within Section 4A(5) of the Fire and Rescue Services Act 2004 (“the 2004 Act”) as inserted by the Policing and Crime Act 2017.

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PSED

August 1st, 2019 by James Goudie KC in Human Rights and Public Sector Equality Duty

There is a failure to have due regard to the PSED before making a decision.  Must that decision be quashed?  No, says the Court of Appeal in Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334, in the context of a decision by a social housing association, exercising public functions, to bring possession proceedings against a physically disabled tenant, where it was highly likely that the decision would not have been substantially different if the breach had not occurred.

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